No Survival. None of the representations, warranties and covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Closing. Notwithstanding the foregoing, this Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the Closing.
Appears in 5 contracts
Samples: Merger Agreement (SolarWinds Corp), Merger Agreement (NeuroMetrix, Inc.), Merger Agreement (electroCore, Inc.)
No Survival. None Except as otherwise explicitly set forth in this Agreement, all representations, warranties, covenants and agreements of the representations, warranties and covenants parties in this Agreement or in any instrument delivered by the parties pursuant to this Agreement (other than the agreements, covenants and obligations set forth herein which are contemplated to be performed after the Closing) shall not survive the Closing. Notwithstanding the foregoing, this Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the Closing.
Appears in 4 contracts
Samples: Master Upreit Formation Agreement (American Housing Income Trust, Inc.), Master Upreit Formation Agreement (American Housing Income Trust, Inc.), Master Upreit Formation Agreement (American Housing Income Trust, Inc.)
No Survival. None of the representations, representations and warranties and covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Closingearlier of the Closing or the termination of this Agreement. Notwithstanding the foregoing, this This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the Closingearlier of the Closing or the termination of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Bazaarvoice Inc), Merger Agreement (SolarWinds, Inc.), Merger Agreement (SolarWinds, Inc.)
No Survival. None of the representations, representations and warranties and covenants contained in this Agreement or in any instrument delivered pursuant to under this Agreement shall survive the Closing. Notwithstanding the foregoing, this This Section 8.3 9.03 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which Parties which, by its terms terms, contemplates performance in whole or in part after the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Recruiter.com Group, Inc.), Stock Purchase Agreement (GoLogiq, Inc.)
No Survival. None of the representations, representations and warranties and covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Closing. Notwithstanding the foregoing, this This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Kadmon Holdings, Inc.), Merger Agreement (Luminex Corp)
No Survival. None of the representations, warranties and warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall hereto will survive the Closing. Notwithstanding , except Article VIII and the foregoing, this Section 8.3 shall not limit the survival of any covenant covenants and agreements that by their terms apply or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance are to be performed in whole or in part after Closing (including those contained in Article II, Section 5.10 and Section 5.16) shall survive the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Rockwood Holdings, Inc.), Merger Agreement (Albemarle Corp)
No Survival. None of the representations, representations and warranties and covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Closing. Notwithstanding the foregoing, this This Section 8.3 9.3 shall not limit the survival of any covenant or agreement of the parties Parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the Closing.
Appears in 1 contract
No Survival. None of the representations, representations and warranties and covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Closing. Notwithstanding the foregoing, this This Section 8.3 9.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (TherapeuticsMD, Inc.)
No Survival. None of the representations, warranties warranties, covenants and covenants agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Closing. Notwithstanding the foregoing, this except as provided in Section 8.3 shall not limit the survival of any covenant 10.1 and except for those covenants and agreements contained herein or agreement of the parties hereto contained in this Agreement therein which by its their terms contemplates performance apply in whole or in part after the Closing.
Appears in 1 contract
Samples: Purchase Agreement (Fibermark Inc)
No Survival. None Except as otherwise expressly provided in this Agreement, none of the covenants, agreements, representations, warranties and covenants or acknowledgments set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Closing. Notwithstanding , and shall merge into the foregoingdeeds, assignments or other instruments executed or delivered under this Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the ClosingAgreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)
No Survival. None of the representations, warranties warranties, covenants, agreements and covenants obligations in this Agreement or in any instrument delivered pursuant to this Agreement shall survive beyond the Closing. Notwithstanding the foregoing, ; provided that this Section 8.3 8.1 shall not limit the survival of any covenant covenant, agreement or agreement of the parties hereto obligation contained in this Agreement which that by its terms contemplates performance applies in whole or in part after the Closing.
Appears in 1 contract
Samples: Asset Purchase Agreement (Yumanity Therapeutics, Inc.)
No Survival. None of the representations, warranties and warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall hereto will survive the Closing. Notwithstanding , except Article VIII and the foregoing, this Section 8.3 shall not limit the survival of any covenant covenants and agreements that by their terms apply or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance are to be performed in whole or in part after Closing (including those contained in Article II, Section 5.09 and Section 5.10) shall survive the Closing.
Appears in 1 contract
No Survival. None of the representations, representations and warranties and covenants contained in or made pursuant to this Agreement or in any instrument delivered pursuant to this Agreement shall survive the consummation of the Closing. Notwithstanding the foregoing, this Section 8.3 shall not limit the survival of any covenant or agreement None of the parties hereto covenants or agreements contained in this Agreement which by its terms contemplates performance in whole or in part after that are to be performed solely prior to the Closing shall survive the consummation of the Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dynacast International Inc.)